A customer is threatening an enterprise to bring the regulator down on him ?  Well, the enterprise may now retort by invoking the public prosecution service, thanks to the amendments to the definition of “unlawful threat” implemented effective 4 May.

“If you don’t meet my demands, I’ll report you to UOKiK !” “Please note that failure to agree to the proposed terms will leave us no choice but to report the persisting improprieties to the Personal Data Protection Office” “The likes of you need the prosecutors to deal with you – I’ll see to that”. Such, or similar, messages have been received by most enterprises at one point or another. A few weeks ago, the legislature shored up their possibilities of countermeasures in that, now, threatening an enterprise with involvement of state bodies possibly entailing administrative penalties is a punishable offence.

Against internet trolls, and not only

The changes are brought by the legislative Act of 21 February 2019 regarding amendment of certain acts in connection with ensuring application of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, art. 40 of which amends art. 115.12 of the Polish Criminal Code, which sets out the statutory definition of an unlawful threat.

Full text is available (in Polish) in Dziennik Gazeta Prawna (9.07.2019). If you are interested in an English-language version contact us: kontakt@gessel.pl